Montgomery County Wrongful Death Attorney

Losing a family member is devastating. A death is even more traumatizing when it is caused by someone else’s mistake or action. The loss can cripple a family emotionally and financially, especially if the deceased family member was the main breadwinner.

If you have lost a spouse, child, or parent due to negligence in Pennsylvania, you have the right to file a wrongful death claim. These claims can arise from violent car accidents, drunk driving incidents, workplace accidents at construction sites and factories, medical negligence, and dangerous or faulty products.

Wrongful death damages may be awarded for funeral and burial expenses, loss of future income, pain and suffering, loss of consortium (loss of a loved one’s companionship or care), and punitive damages intended to punish especially reckless conduct.

What defines a wrongful death lawsuit?

Montgomery County wrongful death attorney Anthony C. Gagliano, III, Esquire, P.C. understands that you have questions about your family’s well-being and your loved one’s life. It is common to have more questions than answers immediately after the incident. Our team of experienced legal professionals is here to guide you through those questions so you can get answers that address your most pressing concerns.

In Pennsylvania, a wrongful death is one that results from another person’s negligent, intentional, or otherwise wrongful behavior. A deceased person’s personal representative may file a wrongful death lawsuit to address the circumstances of your loved one’s passing. Damages and other financial compensation may be sought due to the wrongful circumstances associated with his or her death.

Of course, no amount of money will make up for your loss. Financial compensation for medical bills and funeral expenses can help, but your greatest concern is your family’s well-being and preserving your loved one’s memory.

Determining who the responsible party is and holding them accountable is what Anthony C. Gagliano, III, Esquire, P.C. does best. We pursue accountability to do what is right and to preserve justice for our clients and their families.

What is the difference between a personal injury and wrongful death case?

Personal injury cases are centered on an injured person initiating a claim against an at-fault party. Examples of at-fault parties include an automobile driver, a building owner, or the proprietor of a small business. Any of these individuals can be responsible for having injured you or a loved one. Multiple people may have acted—or failed to act—in a way that caused harm.

When a person suffers an injury, he or she can file a personal injury claim to seek financial compensation. That compensation helps address out-of-pocket expenses related to medical bills and supplemental care such as physical therapy. Injured people may also miss time from work. Compensation in the form of lost wages is an economic damage available in personal injury lawsuits.

Wrongful death claims, by contrast, are brought on behalf of a deceased individual who cannot pursue a claim. These claims are legal avenues for the survivors. Whatever harms were suffered as a result of your loved one’s wrongful death can be pursued in a wrongful death claim. Holding an at-fault party accountable for their role in your loved one’s death is at the center of a wrongful death case.

Proving the Elements of a Wrongful Death Claim

As in a personal injury claim, you must prove specific elements to be awarded financial compensation in a wrongful death case.

First, you must prove that the other party had a duty of care toward your deceased loved one. That duty could be obeying traffic laws or, for a business owner, promptly and thoroughly cleaning spills on the property. Was your loved one in the class of people to whom a duty was owed?

Once you establish that a duty existed, you must determine whether a breach occurred. Did the actions—or inaction—of the person in question violate that duty? Was the driver who hit your loved one while on a morning walk intoxicated? Did the business owner become aware of a spilled drink but fail to clean it before your loved one slipped and fell?

Next is causation. Were the actions—or inaction—of the person a direct or proximate cause of your loved one’s death?

Finally, what damages were sustained due to the wrongful death? In addition, what damages are owed to your family? Damages can include medical bills, funeral expenses, and lost wages. Winning financial compensation from the responsible party requires a clear plan.

Develop a Plan with an Experienced Montgomery County Wrongful Death Attorney

Seeking to right wrongs and achieve justice are noble goals. Nobody who lost a loved one wants their death to have been in vain. However, you should not rush into a wrongful death claim without a clear plan. Even the best intentions are not enough on their own.

Consider contacting experienced Montgomery County wrongful death attorney Anthony C. Gagliano, III, Esquire, P.C. after the death of a loved one. We will help you learn more about the circumstances surrounding the death, sort through the issues inherent in a wrongful death claim, and make informed decisions for your family.

Right now, your head may be swirling with questions, emotions, and uncertainty. You never envisioned a situation where your loved one would die due to wrongful conduct. Our experienced legal team will guide you with knowledge and confidence. Reach out to us today for a free-of-charge consultation.

What are the ways a wrongful death attorney can help you?

Wrongful death cases are complex and emotional. This is not just any kind of legal matter—you are coping with the unexpected death of a loved one.

There are also legal considerations that will impact your family for years. How you address these issues can determine the compensation available on behalf of your deceased loved one.

Anthony C. Gagliano, III, Esquire, P.C. advocates on behalf of your loved one by helping determine who is responsible. In a wrongful death case, people may look for any excuse to avoid accountability. Our legal team knows how to hold the correct person or persons responsible for their wrongful behavior.

First, we evaluate your circumstances to determine whether your potential claim has merit. Not every situation involving a death constitutes a valid wrongful death claim. We help you look at your case objectively to determine whether the circumstances indicate a wrongful death claim.

With years of experience supporting families, Anthony C. Gagliano, III, Esquire, P.C. conducts thorough and professional investigations. Determining the cause of death will ultimately determine whether it meets the legal definition of wrongful death. Before you invest time and resources, allow our team to help you assess whether a wrongful death claim exists.

What role do medical bills play in a wrongful death claim?

Medical bills may understandably be a major concern. After a loved one’s passing, you may receive letters, bills, and even phone calls regarding payment for care. Ensuring that these bills are addressed is a worthy concern.

These bills are a key component of financial compensation at the conclusion of a wrongful death case. At the outset, medical records typically have the greatest impact, as they can verify the cause of death and the circumstances that led to it.

There may also be incident reports created by a business or law enforcement. In some cases, witnesses observed the events. First-hand accounts can provide clarity and strengthen a wrongful death claim. Accessing these reports may be the difference between a successful and unsuccessful case.

What circumstances lead most commonly to wrongful death cases?

Any situation where a preventable death occurred may constitute a wrongful death scenario. A thorough examination of the circumstances is essential. A serious matter like this requires a confident, well-seasoned approach. Look to Anthony C. Gagliano, III, Esquire, P.C. for top-notch advocacy.

Unfortunately, traffic collisions make up a significant number of wrongful death claims each year. High speeds, distracted or intoxicated drivers, and the presence of pedestrians on area streets contribute to preventable deaths. It is no surprise that many families pursue wrongful death claims after such tragedies.

The responsible party may also be a business owner or operator—known as a premises liability case. When a property owner fails to maintain safe conditions, catastrophic injuries or death can result. Unsafe conditions that may cause wrongful death must be investigated thoroughly.

Medical errors are a leading cause of death in the United States. Medical providers owe patients a duty of care. If your loved one passed away due to an incorrect prescription or a surgical mistake, a wrongful death claim may be appropriate.

Recent Wrongful Death Recovery

Mr. Gagliano recently recovered a settlement of $1,140,000.00 for the mother of a twenty-year-old Montgomery County motorcyclist who died as a result of a motorcycle accident.

If you have lost a loved one due to someone else’s wrongdoing or negligence, you will need an experienced Pennsylvania wrongful death lawyer to fight for you. The deadlines for filing wrongful death lawsuits in Pennsylvania are time-sensitive, and missing a filing deadline will bar your claim forever.

Work with a Montgomery County Wrongful Death Attorney Who Cares About Families

It is advisable to retain a lawyer after a serious accident. Any accident can cause catastrophic injuries and financial losses, and a lawyer can advocate on your behalf. A Montgomery County wrongful death attorney at Anthony C. Gagliano III, P.C. will determine who is liable and guide you through your claim. Contact us online or call 267-861-7100 for a free consultation about your case. We are located in Montgomery County, and we serve clients throughout Montgomery County, Delaware County, and Norristown.

Figuring out where to go from here is complex. There are immediate concerns about being present for grieving family members. Remembering your loved one’s life and preserving their memory are likely among your foremost goals.

However, those goals do not necessarily help you manage a complex legal case. Finding the responsible party, engaging with them, and negotiating are how an experienced Montgomery County wrongful death attorney assists you. Our legal team takes nothing for granted when preparing your case.

Contact our office today to schedule a free-of-charge consultation. These are hassle-free, no-commitment conversations with an attorney who knows wrongful death cases inside and out. To learn more about our team and how we can help, please visit our home page. Anthony C. Gagliano, III, Esquire, P.C. is on your side.